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HomeMy WebLinkAboutR-1991-D5900 Slowpitch / Umpire AssociatesRESOLUTION NO. D`5900 A RESOLUTION: Authorizing execution of an Agreement with the Washington State Slowpitch Umpires Association. WHEREAS, the Parks and Recreation Division of the Department of Public Works manages and facilitates a program of organized softball in City parks; and WHEREAS, such a program requires the services of umpires to officiate at scheduled games; and WHEREAS, the Washington State Slowpitch Umpires Association has offered to provide certified USSSA umpire services to the City of Yakima in return for compensation; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with the Washington State Slowpitch Umpires Association for umpire services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached and incorporated '1991 Agreement Between the City of Yakima and the Washington State Slowpitch Umpires Association.' for the period from January 1, 1991 to December 31, 1991. ADOPTED BY THE CITY COUNCIL THIS iLa41/DAY OF ATTEST: City Clerk 1991. Mayor ************************Sk***yK****7K**yK*=K*****%K*5K7k***7k***%k7K******* * FOR OFFICIAL USE ONLY: CONTRACT NO: * * * * Provider: Address: * * * Phone: Expenditure Code: * ***************************************************************** 1991 AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE WASHINGTON STATE SLOWPITCH UMPIRES ASSOCIATION This Agreement is made and entered into the day of by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the 'City' and the Washington State Slowpitch Umpires Association, an Association herein referred to as 'WSSUA'. WHEREAS, the City finds it necessary to contract with the WSSUA to provide certified USSSA softball officials to facilitate league and tournament officials for its scheduled Parks and Recreation Softball Program. WITNESSETH: That for and in consideration of mutual convenants, promises and agreements herein contained, the parties mutually agree as follows: 1. The duties of softball officiating are to be performed by the WSSUA in conjunction with the City's softball program. Officiating shall commence on the 20th day of April, 1991, and terminate on the 27th day of, October 1991. The total number of games to be officiated are approximately 100. 2. During the performance of this Agreement, the WSSUA shall not discriminate on the basis of race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 3. Special areas of responsibilities for both the City and WSSUA are contained in Attachment 'A' which is attached and incorporated into this Agreement. 4. It is expressly agreed upon by both parties that the officials referred to in this Agreement are employees of the WSSUA and not the City. The WSSUA is solely responsible for compensating their employees and complying with all applicable laws related to such employment including, but not limited to, payment of Federal Witholding Tax, FICA, Social Security Tax, Assessment for Unemployment and Industrial Injury. 5. It is understood that the City does not maintain liability insurance on the WSSUA and/or its members and employees. 6. The WSSUA shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any and all liability resulting out of the performance of this Agreement. 7. On or before the effective date of this Agreement the WSSUA, shall provide to the City's Athletic Coordinator proof of liability of insurance in the amount of one million dollars that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. 8. As consideration for the services specified in this Agreement, the City agrees to compensate the WSSUA according to the payment schedule, Attachment 'B' which is attached and incorporated into this Agreement. 9. This Agreement, or any interest therein, can not be assigned in whole or in part by WSSUA to any other party unless mutually agreed upon by both the City and the WSSUA. 10. If the WSSUA fails to comply with the terms and conditions of this Agreement in such a manner that the Parks and Recreation Manager in his sole discretion deems that the continuation of this Agreement is no longer in the best interest of the City, the City may terminate this Agreement by written notice, giving the WSSUA five (5) days notice of termination. 11. If the City fails to comply with the terms and conditions of this Agreement, the WSSUA may terminate this Agreement by written notice, giving the City thirty (30) days notice of termination. 12. If for any reason prior to termination of this Agreement as provided herein the WSSUA fails to provide the services specified in this Agreement and the City is forced to secure other such services, the WSSUA shall be held liable for any and all additional expenses to fulfill its obligation to the City and the softball program under this Agreement. 13. All notices required by this Agreement shall be deemed properly served when deposited in the United States Mail three (3) days prior to any deadline listed herein, postage prepaid, and addressed to the appropriate party at the addresses listed below. 14. This Agreement constitutes the entire Agreement between the parties. There is no other oral or written Agreements between the parties as to the subjects covered herein. 15. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in force. Washington State Slowpitch Umpires Association; Authorized Signature Title gis- 3(fa.) Work Phone Number Home Phone Number City of Yakima; .N\ City Manager Attest; City Clerk cri Ctit4TAV Ci i Date Date ATTACHMENT `A' AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide league schedules in writing to the WSSUA's Assigning Secretary no later than seven (7) days prior to the beginning of the season. B. Give a minimum of forty-eight (48) hours notice of schedule changes for which officials have been assigned. This notice does not apply to any changes due to acts of God. 1. Failure to provide forty-eight (48) hours notice of schedule changes shall result in a rescheduling game fee being charged against the City. 2. All game reschedules resulting from acts of God shall be rescheduled with no game fee being assessed against the City. C. Pay the WSSUA for services provided within thirty (30) days after receiving the monthly statement/billing. 2. The Washington State Slowpitch Umpires Association shall: A. Provide certified and properly trained USSSA softball officials for all league games as needed to meet the City's softball program schedule. B. Schedule their certified officials to meet the City's softball program schedule. C. Pay all certified officials for games worked in order to meet the City's softball program schedule. D Pay a 'No -Show' fee for all scheduled games when a official does not meet the City's softball program schedule and causes the game to be rescheduled. 1. Failure of an official to be on site five (5) minutes before a game is scheduled to be played shall constitute a 'No -Show'. 2. Failure of an official to officiate a complete scheduled game, unless called because of acts of God shall constitute a 'No -Show'. 3 The City has the right of set-off as to any accrued 'No -Show' fees for failure to perform. G. Provide an itemized monthly statement/billing to the City's Athletic Coordinator for the services scheduled for the upcoming month by the 1st day of each month. To be included in this monthly statement/billing are any service adjustments, additional fees and charges for the previous month, and their reconciliation. The City has the right of set-off as to any accrued fees in the nature of a penalty or reimbursement for failure to perform. ATTACHMENT "B' PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Compensate the WSSUA at the rate of 1. League Play Adult one (1) man mechanics $14.64 per game. Adult two (2) man mechanics $21.76 per game. B. Pay a Rescheduling Fee of 1. League Play $ 1.25 per game. 2. The Washington State Slowpitch Umpires Association shall: A. Provide an itemized monthly statement/billing to the City's Athletic Coordinator for the services scheduled for the upcoming month on the 1st day of each month. To be included in this monthly statement/billing are any service adjustments, additional fees and charges for the previous month, and their reconciliation. The City has the right of set-off as to any accrued fees in the nature of a penalty or reimbursement for failure to perform. B. Pay a No -Show Fee of 1. League Play $25.00 per game. 2. Tournament Play $50.00 per game.